Advocate Jan 2014

THE ADVOCATE VOL. 72 PART 1 JANUARY 2014
93
British Columbia Court of Appeal
Practice Directive (Criminal)
Title: Ineffective Assistance of Trial Counsel
Issued: November 12, 2013
Effective: Immediately
Cite as: Ineffective Assistance of Trial Counsel (Criminal Practice Directive, 12
November 2013)
If a party is not represented and makes allegations of ineffective assistance of
trial counsel, the appeal will be immediately referred to case management for
directions.
Stage One: Counsel’s Duties Where There are Allegations that Trial Counsel was
Ineffective or Incompetent
1. Before advancing an appeal involving grounds of appeal which allege
ineffective assistance or incompetence of trial counsel, counsel for the
appellant must:
(a) Take steps necessary to satisfy him or herself that there is some
foundation for any allegations that trial counsel was ineffective or
incompetent; and
(b) Informally notify trial counsel of the nature of the allegations bearing
on the professional conduct of trial counsel, and give trial
counsel a reasonable opportunity to informally respond to the allegations
to counsel for the appellant.
Stage Two: Advancing an Appeal Alleging that Trial Counsel was Ineffective
2. Where a Notice of Appeal or amended Notice of Appeal includes
grounds of appeal alleging the ineffective assistance of trial counsel:
(a) The Chief Justice will designate a justice of the Court as a case
management judge to make directions with respect to the appeal.
(b) The registrar will, within four weeks of the filing of the Notice of
Appeal, schedule a case management hearing to be presided over
by the case management judge.
3. Where the Notice of Appeal includes grounds of appeal or is amended
to include grounds of appeal that trial counsel was ineffective or incompetent,
counsel for the appellant shall formally serve a copy of that
Notice of Appeal on trial counsel.